AppDynamics Self-Service Summer Sweepstakes

Terms and Conditions

AppDynamics Self-Service Summer Sweepstakes

Terms and Conditions

1. GENERAL TERMS, PROMOTER, and DRAWING ENTRY PERIODS

1.1 Information regarding eligibility of entrants, official AppDynamics Self-Service Summer Sweepstakes (“Drawing”) rules, prizes, prize values, and prize distribution form part of these Terms and Conditions. By entering this Drawing, all entrants agree to be bound by these Terms and Conditions. Additionally, all Drawing entries must comply with these Terms and Conditions to be valid.

1.2 The Promoter of the Drawing is AppDynamics, Inc. (“AppDynamics,” the “Promoter”) of 303 Second Street, North Tower, 8th Floor, San Francisco, CA 94107.

1.3 The Drawing shall be held from Thursday, July 30, 2015 until Sunday, November 8, 2015, with fourteen (14) weekly winners selected within four (4) weeks of the end of the relevant Entry Period, as defined below. Each calendar week shall be an “Entry Period” for purposes of the Drawing, except for the initial Entry Period, which will be an extended period of eleven (11) days from Thursday, July 30, 2015 through Sunday, August 9, 2015. The remaining thirteen (13) Entry Periods shall run for a calendar week. For example, eligible entries for the calendar week Entry Period beginning Monday, August 17, 2015 will be taken from Monday, August 17, 2015 through Sunday, August 23, 2015 and the winner for that Entry Period will be selected within four (4) weeks after the close of the relevant Entry Period on Sunday, August 23, 2015.

2. ELIGIBILITY

2.1 Entry is open to residents of the United States, Canada, and the United Kingdom, who are 18 years of age or older at time of entry, and who either are: (A) a person who has downloaded a trial version of the AppDynamics Pro Edition software and recorded a business transaction (i.e., has installed an AppDynamics agent and completed the set-up process) within the software during a relevant Entry Period (a “Trial User”); or (B) is a “Trial User” and at the end of the trial, completed the end of trial satisfaction survey) (each an “Entrant” together the “Entrants”).

2.2 For detailed Drawing entry requirements, see Section 4 below.

2.3 Employees of the Promoter and its affiliates are not eligible to enter the Drawing.

3. PRIZES

3.1 “Fourteen Weekly Prizes”: For each of the fourteen (14) relevant Entry Periods, one (1) Winner will receive an Apple Watch “Sport”, or similar (an estimated retail value of approximately $350).

3.2 The total estimated aggregate value of the weekly prize pool for all fourteen (14) weekly Entry Periods is approximately $4,900.

3.3 No Prize shall be, under any circumstances, transferrable or redeemable for cash.

4. ENTRY

4.1 To enter the Drawing, an Entrant must meet the eligibility requirements set forth in Section 2 above.

4.2 The Promoter accepts no responsibility for: (a) any incomplete, late, lost, or misdirected entries (entries with invalid and/or expired email addresses shall be deemed “incomplete”); or (b) any instance where Entrants are not entered into the Drawing due to forces beyond the Promoter’s control.

4.3 As an alternative means of entry, an Entrant may also submit an entry during any relevant Entry Period by directly emailing promotions@appdynamics.com and providing a valid email address and name.

4.4. Valid entries not selected as Winners in accordance with Section 5 below, will be automatically rolled into the next Entry Period and will be eligible for selection for the next week’s Drawing.

4.5 An Entrant may remove its entry at any time during any relevant Entry Period by contacting promotions@appdynamics.com and opting out of the Drawing.

5. SELECTION OF WINNER(S)

5.1 Within four (4) weeks from the end of each relevant Entry Period, the Promoter will randomly select the Prize Winner (each a “Winner” and together the “Winners”) from the pool of Entrants. Each Winner will be awarded the Prize described in Section 3.

6. NOTIFICATION OF WINNER(S)

6.1 The Winners will be notified by email within four (4) weeks from the end of the relevant Entry Period. If after three (3) working days of being notified that they are the Winner, the Winner cannot be contacted, or the relevant Prize has not been claimed, the Winner(s) will forfeit their Prize, and the Promoter will randomly select a new Entrant from the remaining pool to replace the absent and/or non-responsive Winner.

7. GENERAL CONDITIONS

7.1 In the event that Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may, at its sole discretion, substitute a Prize of equal or greater value, unless doing so would be prohibited by law.

7.2 The Promoter reserves the right to request verification of age, identity, residential address of Entrants and Winners, as well as any other information relevant to entry in the Drawing. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this Drawing.

7.3 The Promoter and all Entrants acknowledge that the Drawing is or may be promoted through online social media platforms provided by Facebook, Twitter, LinkedIn, Google, and/or Instagram. However, for clarity, the Drawing will not be administered by Facebook, Twitter, LinkedIn, Google, or Instagram and Facebook, Twitter, LinkedIn, Google and Instagram are not associated with the Promoter or the Drawing. All Entrants agree to release Facebook, Twitter, LinkedIn, Google and/or Instagram from any claims and/or liability arising under the administration of the Drawing.

7.4 Promoter reserves the right to disqualify any Entrant who is found in violation of content and use policies applicable to Facebook, Twitter, LinkedIn, Google, or Instagram. Full recitation of current use and content policies can be accessed at these URLs:

7.5 Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these terms and conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non-Excludable Guarantee, the Promoter (including its officers, employees, and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Drawing, including, without limitation, the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry, Prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation Prize value to that stated in these terms and conditions; (e) any applicable taxes; and/or (f) the Prize or use of the Prize.

7.6 The Promoter collects personal information for the purpose of conducting this Drawing (which may include disclosure to third parties, including local lottery authorities, for the purpose of processing and conducting the promotion) and for promotional purposes surrounding this promotion. Entry is conditional upon providing this information. By entering this promotion Entrants consent to the use of their information as described and agree that the Promoter may use this information in such manner and in accordance with Promoter’s Privacy Policy, which is referred to in Section 7.7 below.

7.8 Should an Entrant’s contact details change at any time following an entry submitted in accordance with Section 4 above, it is the Entrant's responsibility to notify the Promoter of such changes. A request to access or modify any information provided in an entry should be directed to Promoter at promotions@appdynamics.com.

7.9 It is a condition of accepting any Prize that the Winner must comply with all the conditions of use of such Prize and any of the supplier’s requirements.

7.10 In the case of the intervention of any outside act, agent, or event which prevents or significantly hinders the Promoter’s ability to proceed with the Drawing on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, or act of terrorism, the Promoter may in its absolute discretion cancel the Drawing and recommence it from the start on the same conditions, unless doing so would be prohibited by law.

7.11 The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Drawing. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

7.12 If for any reason whatsoever beyond the reasonable control of the Promoter, this Drawing is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify, or suspend the Drawing, unless doing so would be prohibited by law.

7.13 Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these terms and conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non-Excludable Guarantee, the Promoter (including its officers, employees, and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Drawing, including, without limitation, the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry, Prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation Prize value to that stated in these terms and conditions; (e) any applicable taxes; and/or (f) the Prize or use of the Prize.

7.14 The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Drawing. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

7.15 If for any reason whatsoever beyond the reasonable control of the Promoter, this Drawing is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify, or suspend the Drawing, unless doing so would be prohibited by law.

7.16 If required, Entrants’ personal information may be disclosed to State and Territory lottery departments and Winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.

7.18 The laws of the State of California shall apply to each Entrant and to this Drawing to the exclusion of any other law. Each Entrant submits to the exclusive jurisdiction of the courts of the State of California.